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51 year old Alexandria Alderman Eddie Tubbs, charged with theft over $1,000 and official misconduct, appeared in DeKalb County Criminal Court Friday before Judge Lillie Ann Sells and was granted pre-trial diversion for a period of two years under a memorandum of understanding agreement.

Under terms of his probation, Tubbs must make restitution to the Alexandria city government in the amount of $1,916 and perform 100 hours of community service.

If Tubbs successfully completes all terms and conditions of the probation, his record will be expunged.

Tubbs was charged in a two count indictment by the April term of the DeKalb County Grand Jury.

The charges were apparently the result of a TBI investigation into allegations concerning misuse of the city fire department credit account, fund raising account and the city police department drug fund from January to September, 2004.

Tubbs, who was an Alexandria Alderman, Fire Chief, and part-time police officer at the time of the allegations, resigned his position as Fire Chief in October, 2004 and stepped down as Alderman in November, 2004.

During a November, 2004 meeting of the Alexandria Mayor and Board of Alderman, then city attorney Brody Kane, said the figures in question were $170 from the police department drug fund, $471.68 from the general fund, and $895.91 from the fire department's fund raising account.

City officials, at the time of his resignation, said Tubbs was in the process of re-paying the money. Tubbs has never publically admitted any wrongdoing.

Tubbs ran for Alderman again and was elected in the Alexandria City Election in September, 2005

The first count of the indictment alleged that Tubbs \"during the period of time commencing January 31, 2004 through September 3, 2004, did unlawfully and knowingly obtain or exercise control over property, including but not limited to, cash, services, and goods valued at over $1,000 belonging to the City of Alexandria\".

The second count of the indictment alleged that Tubbs, \"did unlawfully and intentionally or knowingly, as a public servant with intent to obtain a benefit\", commit an act that exceeded the servant's official power, violated the law relating to his office or employment, or received benefits not otherwise authorized by law.